TaxTMI 
TaxTMI 
2021 (4) TMI 147
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.... and Services Tax Act, 2017 the accused Vishan Gupta have committed an offence specified in clause (a) or clause (b) or clause (c) or clause (d) of sub-Section (1) of section 132 of the Central Goods and Service Tax, 2017 which is punishable under clause (i) or (ii) of sub-Section (1) or sub-Section (2) of the said Section. Accused Vishan Gupta has been arrested and he has been explained the grounds of his arrest. He was also informed about his right to have some one informed about his arrest and Sh/Ms Raghunandan has been informed about his arrest. The raid and search operation were conducted by the team of officers of Directorate General of GST intelligence on 25-05-2019 at the rented premises and during search some documents and Computer....
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....Crores through the firms created by him without supply of any goods being a cognizable and non bailable offence. The accused vide letter dated 11-06-2019 submitted certain documents which, on scrutiny, revealed that there were 31 more Firms which were admittedly created and controlled by the accused. In view of investigation concluded till date, it is clearly substantiated and established that the accused has violated provisions of the CGST Act 2017. It is apparently clear that on account of issuance of GST invoices without supply of goods leading to fraudulent availment and utilization of input tax credit to the tune of Rs. 159.20 Crores, which is more than 5 Crores. 3. The learned counsel Shri Mahipal Singh for the accused has submitte....
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....ed that the applicant/accused has committed offence under clause (b) of sub-Section (1) of Section 132 of the CGST Act 2017. The applicant/accused has emerged out as the main mastermind for passing on of ITC of Rs. 159.20 Crores based on the tax invoices issued in the 47 fake and nonexistent supplier Firms created by the applicant. It is also evident from the arrest memo generated on line 04-01-2021 having valid document identification number. In the instant case, the competent authority had followed the provisions of Section 69 ibid and after going through the investigation report he had ordered for the arrest of the applicant. The investigation of the case was never closed. There is a possibility to be tampered with the evidence and tempe....
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....Statement of accused was recorded on 25-05-2019, 26-05-2019, and 31-03-2019 under Section 70 of CGST Act 2017. All the 47 fake Firms have been verified physically and found that these firms were nonexistent. The copies of the panchnamas are placed opposite for perusal which clearly reflect that the firms were fake/nonexistent. On being pointed out that the activity performed by the applicant, the passing on fake GST credit of Rs. 159.20 Crores through the firms created by him without supply of any goods being a cognizable and non bailable offence. The accused vide letter dated 11-06-2019 submitted certain documents which, on scrutiny, revealed that there were 31 more Firms which were admittedly created and controlled by the accused. The acc....